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(영문) 서울중앙지방법원 2014.09.25 2013가단5152464

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that manufactures, distributes, and sells balls, etc.; Defendant C is a representative director of Defendant Co., Ltd.; Defendant D is a vice president of Defendant Co., Ltd.; Defendant E is a person who operates H; Defendant F works as the husband of Defendant E; Defendant G is a person who operates the business consulting company I.

H has a right to pay a certain rate of commission for sales (10% or 30% at a point) and operate stores during the period permitted at various stores, such as a lot Seoul Station, transmission store, etc. by concluding a special purchase transaction contract with a lot shopping business headquarters.

B. On August 28, 2013, the Plaintiff received business start-up consulting from Defendant G and concluded a business start-up consulting agreement with Defendant G on August 28, 2013 for KRW 3,00,000,00 with respect to the establishment of a franchise store, a franchise business entity, Defendant G and Defendant Company (hereinafter “instant business start-up consulting agreement”).

C. On August 28, 2013, the Plaintiff concluded a JJE Seoul store sales contract with Defendant Company in KRW 54,000,000.

The contract term is one year after the conclusion of this contract, but the termination of the contract under the lease contract between the plaintiff and H is preferentially applied, and the conclusion of the contract was in charge of defendant D in the side of the defendant company.

On September 3, 2013, in order to operate H and J Seoul Station with Defendant D’s introduction, the Plaintiff entered into a contract for a commission store (entrusted) store with respect to the use of H store in the lot Seoul Station.

The contract term was 1 year from September 1, 2013, and the price was 33% of sales.

H If H deducts the price to be paid by a lot, H shares is 3% of the sales.

The conclusion of the above contract was in charge of Defendant F in H.

E. The Plaintiff was preparing to start the Jamas Seoul Station business, such as employing employees and receiving education on sports soft health.